12-12-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
December 12, 1988
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Michael Sandahl; and Martin Kirsch.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Byron Wallace,
Community Development Director; John Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; and John Dean,
City Attorney.
The meeting was called to order by Mayor Quam at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Kirsch to approve the minutes of the Special
City Council Meeting of November 28, 1988; and the minutes of the
regular City Council of November 28, 1988.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON'THE AGENDA.
No one wished to address the council.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Garcia, S/Sandahl to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes -2- December 12, 1988
Item #3 CONSENT CALENDAR
A. APPROVED PURCHASE IN EXCESS OF $5,000 FOUR SQUAD CARS.
C.L. 303
B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR TURBIDITY
METERS FOR THE WATER PLANT. C.L. 304
C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR WATER
TREATMENT CHEMICALS. C.L. 305
D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PURCHASE OF
FERTILIZER FOR RICH ACRES GOLF COURSE. C.L. 306
E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PURCHASE OF
FOUR WHEEL DRIVE TRACTOR. C.L. 307
F. APPROVED RESOLUTION MODIFYING ASSESSING FEES. C.L. 308
RESOLUTION NO. 7487
RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES
FOR THE ASSESSING DIVISION
This resolution appears as Resolution No. 7487 in
Resolution Book No. 57.
G. APPROVED PURCHASE IN EXCESS OF $5,000 FOR MOWER FOR
RICH ACRES GOLF COURSE. C.L. 309
M/Sandahl, S/Ludeman to approve the consent calendar.
Motion carried 5-0.
Item $4 PUBLIC HEARING ON SUBMISSION OF GRANT APPLICATIONS FOR
CELEBRATE MINNESOTA 1990 IMPROVEMENTS TO VETERANS
MEMORIAL PARK OF RICHFIELD. C.L. 310
City Manager Prosser reviewed Council Letter No. 310
recommending-that the following improvements to Veterans Memorial
Park of Richfield be the basis for the Celebrate Minnesota 1990
grant application: additional landscaping, construction of a
small picnic shelter and a small play feature, and purchase of
benches, tables, and grills.
Lawrence Wozniczka, 6744 Wentworth Avenue, expressed concern
that the paving of the paths at Veterans Memorial Park proceed as
soon as possible.
Council Meeting Minutes
-3- December 12, 1988
City Manager Prosser stated that the paving is scheduled for
1989.
Emily Day, 7340 Clinton Avenue, spoke in support of the
proposed park improvements and grant application.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to determine the following improvements
at Veterans Memorial Park of Richfield as the basis for the
Celebrate Minnesota 1990 grant application: to provide additional
landscaping, construct a small picnic shelter and a small play
feature, and purchase benches, tables, and grills.
Motion carried 5-0.
1
Item #5 PUBLIC HEARING ON TH8 RENEWAL OF 1989 ON-SALE AND
SUNDAY LIQUOR LICENSES FOR AMERICAN LEGION POST 435,
6501 PORTLAND AVENUE. C.L. 311
Public Safety Director Erskine reviewed Council No. 311
regarding the application of American Legion Post 435, 6501
Portland Avenue, for 1989 Club On-Sale and Sunday Liquor
Licenses.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia to approve the granting of the 1989 Club
On-Sale and Sunday liquor licenses to the Minneapolis/Richfield
American Legion #435 located at 6501 Portland Avenue South
sub,~ect to the conditions of Resolution No. 7380.
Motion carried 5-0.
Item #6 PUBLIC HEARING ON THB RENEWAL OF 1989 ON-SALE AND
SUNDAY LIQUOR LICENSBS FOR FRED BABCOCK VFW POST 5555,
710 LAKESHORE.DRIVE. C.L. 312
Public Safety Director Erskine reviewed Council Letter No.
312 regarding the application of Fred Babcock V.F.W. Post No.
5555, 710 Lakeshore Drive, for 1989 Club On-Sale and Sunday
Liquor Licenses.
Council Meeting Minutes -4- December 12, 1988
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia to approve the granting of the 1989 Club
On-Sale and Sunday Liquor Licenses to the Fred Babcock V.F.W.
Post No. 5555, 710 Lakeshore Drive, subject to the conditions of
Resolution No. 7380.
Motion carried 5-0.
Item #7 PUBLIC HEARING ON THE RENEWAL OF 1989 ON-SALE AND
SUNDAY LIQUOR LICENSES FOR CHAMPPS, 700 WEST 66TH
STREET. C.L.. 313
Public Safety Director Erskine reviewed Council Letter No.
313 regarding the application of Champps of Richfield, 790 West
66th Street for 1989 On-Sale and Sunday liquor licenses. He
reviewed the Public Safety contact statistics related to this
establishment and issues related to noise and cleaning of the
roof hood vent.
Dean.Vlachos, owner of Champps, stated that the cleaning of
the roof vent can only occur when the restaurant is closed and
takes 6 hours to complete. He stated therefore, it is cleaned
about once a month at 2:00 a.m.
Council Member Ludeman suggested that the cleaning occur
during the morning and that the restaurant hours could be changed
on that day to accommodate the cleaning ~so that it would not
disturb nearby residences as much. Council Member Ludeman asked
what type of security was provided by the applicant for the
parking area.
Dean Vlachos stated that the restaurant has a security guard
in the parking lot 4 days a week and Market Plaza has a security
guard 7 nights a week.
Angie Bots, 6500 Woodlake Drive, stated concerns regarding
the unloading of trucks and disorderly conduct in and adjacent to
the parking lot.
Ken Warner, 6500 Woodlake Drive, stated concern about the
sales ratio of food to liquor, litter, disorderly conduct, trash
containers, and the negative impact on adjacent residences.
MaryAnn Weller, Market Towers, stated concern about litter,
noise, inadequate parking, and conduct in the parking lot.
Council Meeting Minutes -5- December 12, 1988
Anthony Straszewski, Woodlake Point Manager, reviewed the
litter and noise problems he had observed. He requested that
Champps provide adequate security personnel, monitor trash
control, monitor the parking lot traffic, and monitor the truck
deliveries to minimize problems.
Carol Elliot Richardson, representing her parents who are
residents of Woodlake Point, reviewed their concerns about noise,
litter, trucks and the impact on their quality of life.
City Manager Prosser stated that the concerns expressed
revolved around the issues of disorderly conduct, noise from
patrons, truck deliveries and filtration system cleaning.. He
reviewed the provisions of Resolution No. 7380 which specifies
certain improper conduct of on-sale liquor licensees and stating
recommended discipline. Mr. Prosser stated that the issues of
truck deliveries and the filtration system cleaning could be
addressed as part of their restaurant license renewal. He said
that the restaurant license is required in order to maintain
their liquor license. The City Manager suggested the applicant
could be asked to provide more security to control disorderly
conduct and noise in the parking lot.
Public Safety Director Erskine stated that most of the
reported incidents occur between 11:30 P.M. and 1:30 A.M. He
stated additional security could be helpful. He noted that the
applicant had been required to change the trash pick up to after
7:00 A.M.
Mayor Quam noted that glass in the parking lot was an issue
mentioned by some who appeared during the hearing.
Dean Vlachos stated that two employees were stationed at the
door to assure patrons do not leave with any containers. He
stated he is willing to take steps to address the legitimate
concerns expressed. He stated that he will try having two
security guards and people to pick up litter. Mr. Vlachos
suggested that he could also conduct meetings with the residents.
Mayor Quam asked what appropriate conditions the council
could place on the liquor license.
City Attorney Dean stated that the council could require
additional security and that the parking lot be cleared by 2:00
A.M. He stated the issues of cleaning the vent, delivery
vehicles, and trash could be addressed when the council considers
their restaurant license.
Council Member Ludeman asked if they could be required to
close prior to 1:00 A.M.
City Attorney Dean reviewed the state statute and ordinances
as they relate to that issue.
Council Meeting Minutes -6- December 12, 1988
Council Member Ludeman expressed concern about the impact of
Champps on the quality of life at nearby residences.
Richard Klimer, Champps, noted the positive economic impact
of Champps in Richfield and their willingness to cooperate to
address these problems.
Council Member Garcia stated that the residents had raised
valid issues that the applicant should address.
M/Quam, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Quam, S/Garcia to approve the granting of the 1989 On-Sale
and Sunday liquor licenses to Champps of Richfield located at 790
West 66th Street, subject to the conditions of Resolution No.
7380 and the following additional conditions:
1. An additional security guard be added for each evening
from 7:00 P.M. to closing.
2. That the parking lot be cleared of all activity by 2:00
A.M.
3. That no trucks delivering merchandise to be used in
connection with this business establishment arrive on
the premises earlier than 7:00 A.M.
Motion carried 3-2. (Ludeman, Kirsch opposed)
Council Member Kirsch asked that City staff provide periodic
reports as to the status of issues related to Champps.
Item #8 PUBLIC HEARING ON THE RENEWAL OF 1989 ON-SALE AND
SUNDAY LIQUOR LICENSES FOR CHI-CHI'S, 7717 NICOLLET
AVENUE. C.L. 314 ,
Public Safety Director Erskine reviewed Council Letter 314
regarding the application of Consul Restaurant Corporation, d/b/a
Chi-Chi's Mexican Restaurants, 7717 Nicollet Avenue South, for
1989 On-Sale and Sunday Liquor Licenses. He stated that city
staff and Chi-Chi's management have agreed that as a stipulation
to the renewal that relandscaping of the boulevard area along
78th Street be completed before May 15, 1988.
Council Member Ludeman asked what level of security patrols
the applicant provided for the establishment.
Council Meeting Minutes -7-
Gary Kannenberg, General Manager
1-4 security guards were on duty with
security on 4 nights of the week. He
level of training provided to these e~
December 12, 1988
of Chi-Chi's, stated that
additional parking lot
reviewed the increased
nployees.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Garcia, S/Quam to approve the granting of the 1989 On-Sale
and Sunday Liquor Licenses to Consul Restaurant Corporation,
d/b/a Chi-Chi's Mexican Restaurants, located at 7717 Nicollet
Avenue South, subject to the conditions of Resolution No. 7380.
Motion carried 5-0.
Item #9 PUBLIC HEARING ON THE RENEWAL OF 1989 ON-SALE AND
SUNDAY LIQUOR LICENSE FOR DISCUS CORPORATION, 1420 EAST
78TH STREET. C.L. 315
Public Safety Director Erskine reviewed Council Letter 315
regarding the application of Discus Corporation, d/b/a Pizzeria
Uno, proposed to be located at 1420 East 78th Street, for 1989
~On-Sale and Sunday Liquor Licenses. He recommended that the City
Council deny the application because there is no evidence that
the applicant intends to complete construction of the Pizzeria
Uno concept.
Stephen Jones, representing Discus Corporation, stated that
they have been unable to obtain financing for the restaurant and
that they are looking at all options for the property. He stated
that Discus would like to retain the liquor license.
M/Kirsch, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Ludeman to deny the application of Discus
ration d/b/a Pizzeria Uno, 1420 East 78th Street for 1989
On-Sale
Motion carried 5-0.
Council Meeting Minutes -8- December 12, 1988
Item #10 PUBLIC HEARING ON THB RENEWAL ON 1989 ON-SALE AND
SUNDAY LIQUOR LICENSES FOR GROUND ROUND RESTAURANT,
1500 EAST 78TH STREET. C.L. 316
Motion carried 5-0.
1
Public Safety Director Erskine reviewed Council Letter No.
316 regarding the application of the Ground Round, Inc. 1500 East
78th Street for 1989 On-Sale and Sunday Liquor Licenses.
Mike Weber, Manager of Ground Round, commended the Public
Safety Department for their response to an armed robbery which
occurred at the restaurant.
Sale
Inc.
of Re
M/Sandahl, S/Kirsch to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Quam to approve the granting of the 1989 On-
and Sunday Liquor Licenses to the Ground Round Restaurant
located at 1500 East 78th Street subject to the condition
solution No. 7380.
Motion carried 5-0.
Item #11 PUBLIC HEARING AND SECOND READING OF AN AMENDMENT TO
THE CITY CODE RELATING TO THE PARKING OF UTILITY
TRAILERS (TO BE CONTINUED UNTIL JANUARY 9, 1989 COUNCIL
MEETING) C.L. 317
City Manager Prosser reviewed Council Letter No. 317
recommending that the public hearing to consider an ordinance
amendment to the City Code relating to the parking of utility
trailers be continued to the January 9, 1989 City Council
Meeting.
M/Ludeman, S/Garcia to continue the public hearing for
consideration of an ordinance amendment relating to the parking
of utility trailers to the January 9, 1989 City Council Meeting.
Council Meeting Minutes -9- December 12, 1988
Item #12 COUNCIL CONSIDERATION OF AN ORDINANCE WHICH WOULD
RESTRICT THS ISSUANCE OF PERMITS IN THS PENN AVENUE
66TH STREET PLANNING AREAS. C.L. 318
City Manager Prosser reviewed Council Letter No. 318
regarding enactment of a resolution which would restrict the
issuance of permits in the Penn Avenue Sixty-Sixth Street
Planning Area and a proposed ordinance amendment to do the same.
Council Member Ludeman asked when the effective date of the
ordinance would be if it is approved.
City Attorney Dean stated that the ordinance would be
effective 30 days after publication. He stated the proposed
resolution would be effective until the ordinance takes effect.
Council Member Ludeman reviewed Section 4 of the proposed
ordinance noting that it will remain in effect for 10 months, but
that it could be extended up to an additional 18 months. He
asked if there-were provisions to allow variances or exceptions.
City Attorney Dean reviewed Section 3 of the proposed
ordinance regarding provisions for exception from the proposed
restrictions.
Mayor Quam requested that the Planning Commission consider
the issue of allowing industrial zoning in the area as referred
to in Section 3 (8) 1.
M/Kirsch, S/Garcia that the following resolution be adopted;
that it be spread in the resolution book and that it be made part
of these minutes:
RESOLUTION NO. 7488
A RESOLUTION RELATING TO THE ISSUANCE OF PERMITS
AND OTHER APPROVALS IN THE
PENN AVENUE SIXTY-SIXTH STREET STUDY AREA
Motion carried 5-0. This resolution appears as Resolution
No. 7488 in Resolution Book No. 57.
M/Kirsch, S/Garcia
this ordinance a.nd that
the ordinance be schedul
meeting, and; to refer t
Commission for review at
Motion carried 5-0.
that this constitute the First Reading of
the Public Hearing and Second Reading of
ed for the January 9, 1989 city council
he nronosed ordinance to the Planning
Council Meeting Minutes -10- December 12, 1988
Item #13 CONSIDERATION OF A RESOLUTION GIVING FINAL APPROVAL OF
THE ACQUISITION OF ROGERS CABLESYSTEMS AND SETTING A
PUBLIC HEARING ON THS TRANSFER FOR JANUARY 3, 1989.
C.L. 319
City Manager Prosser reviewed Council Letter No. 319
regarding the acquisition of Rogers Cablesystems by KBL Cable
Inc. and the scheduling of a public hearing on the transfer for
January 3, 1989.
Council Member Ludeman stated that KHL Cable, Inc. was
strong financially and the acquisition would be good for the
cable system.
City Manager Prosser stated that no mayor changes in service
are anticipated because of the sale.
M/Sandahl, S/Ludeman to schedule the public hearing on the
transfer of the cablesystem franchise for January 3, 1989 and
that the following resolution be adopted; that it be spread in
the resolution book and that it be made part of these minutes:
RESOLUTION NO. 7489
RESOLUTION GIVING FINAL APPROVAL TO THE ACQUISITION OF ROGERS
CABLESYSTEMS OF THE SOUTHWEST, INC., HY KBL CABLE, INC.
Motion carried 5-0. This resolution appears as Resolution
No. 7489 in Resolution Book No. 57.
Item #14 COUNCIL CONSIDERATION OF WHETHER TO CANCEL THE
SCHEDULED DECEMBER 27, 1988 CITY COUNCIL MEETING.
C.L. 320
City Manager Prosser reviewed Council Letter No. 320
recommending cancellation of the second council meeting of
December, 1988.
M/Sandahl, S/Ludeman to cancel the scheduled City Council
Meeting of December 27, 1988.
Motion carried 5-0.
Council Meeting Minutes
-11- December 12, 1988
Item #15 CORRESPONDENCE/LEGISLATIVE REPORT
None
Item #16 COUNCIL DISCUSSION ITEMS
None
Item #17 CLAIMS AND PAYROLLS
M/Sandahl, S/Garcia that the following claims and payrolls
be approved•
RICHFIELD STATE BANK
Checks 10819-10880; 100606-100916 $ 789,006.25
FIRST MINNESOTA
Check 1081 $ 15,000.00
FIRST WESTERN BANK
Checks 4659-4685 $ 5,243,264.65
Checks 20310-20343;21062-21398 Payroll $ 296,278.92
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9,;,04~.m.
Date Approved:
1/9/89
~.~~~ ~
Thomas P. Ferber
City Clerk
~e~en J . ate' Mayor
~~~
J s D. Prosser
C .Manager